도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On July 20, 2016, the Defendant issued a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) at the Jeju District Court on July 20, 2016, and on March 18, 2013, the Defendant was issued a summary order of KRW 3 million for the same crime, and there is a record of violating Article 44(1) of the Road Traffic Act on at least two occasions.
【Criminal Facts】
On August 30, 2016, at around 15:20, the Defendant driven a C-wing truck from the dry field located in Jeju-si, B, to the coast road located in the water principle of Han-si, Jeju-si, without obtaining a driver's license under the influence of alcohol content of 0.230%.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial statement of the employee;
1. Inquiry into the result of the crackdown on drinking driving;
1. On-site photographs;
1. Previous records: Application of inquiries, such as criminal records, and summary order statutes;
1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);
1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;
1. Selection of penalty: Imprisonment;
1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Suspension of execution: Article 62(1) of the Criminal Act (The following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of reasons for sentencing, shall be considered) shall be determined as ordered in consideration of all the following circumstances:
The favorable circumstances: The circumstances that are considered to be favorable to all facts of crime: The two times the past records of punishment of fines for the same kind of crime were met, and the blood alcohol concentration level was 0.119% and 0.214% in the past criminal records. The fact that the blood alcohol concentration level in the blood of this case was very high: The motive and process of the crime, circumstances after the crime, the defendant's occupation, age, and family relations are determined as per Disposition.